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July 15, 2024 Page 35 City of San Leandro/ACI Franchise Agreement Contractor shall provide clean and repainted Containers as needed (other than Carts) to present a 1380 clean appearance. Contractor, at its sole expense, shall remove graffiti from Containers within one 1381 (1) Working Day of identification by Contractor or notice by City or Customer if such graffiti includes 1382 any written or pictorial obscenities and otherwise within a one (1) week period. Contractor shall 1383 offer steam cleaning service (or clean Container exchange) to Customers requesting such service 1384 and shall charge Customers for such cleaning (or Container exchange) at the City-approved Rate for 1385 such service. 1386 Upon request from the City Contract Manager, Contractor shall provide the City with a list of 1387 Containers and the date each Container was painted and maintained. 1388 F. City Ownership of Containers at End of Term. Upon expiration or early termination of Agreement, 1389 all Containers purchased under this Agreement shall become property of the City at no cost to the 1390 City. 1391 At its sole discretion, the City may elect not to exercise its rights with regards to this Section and, in 1392 such case, the Containers shall remain the property of the Contractor upon the date of this 1393 Agreement’s expiration or earlier termination. In such case, Contractor shall be responsible for any 1394 outstanding depreciation and for removing all Containers in service from the Premises within 1395 fourteen (14) Working Days of the expiration date or early termination date of this Agreement or 1396 within a different timeframe mutually agreed to by the Parties. Contractor shall arrange for reuse 1397 or Recycling of Containers removed from the City, provided that Contractor not place Containers 1398 labeled for use in the City into service in any other jurisdiction without prior written approval from 1399 the City Contract Manager. 1400 5.6 PERSONNEL 1401 A. General. Contractor shall furnish such qualified personnel as may be necessary to provide the 1402 services required by this Agreement in a safe and efficient manner. Contractor shall designate at 1403 least one (1) qualified employee as City’s primary point of contact with Contractor who is principally 1404 responsible for Collection operations and resolution of service requests and Complaints. Such 1405 individual shall be empowered to negotiate on behalf of and bind Contractor with respect to any 1406 changes in scope, dispute resolution, compensation adjustments, and service-related matters which 1407 may arise during the Term of this Agreement. 1408 Contractor shall use its best efforts to assure that all employees present a neat appearance and 1409 conduct themselves in a courteous manner. Contractor shall not permit its employees to accept, 1410 demand, or solicit, directly or indirectly, any additional compensation, or gratuity from Customers 1411 or members of the public. 1412 B. Hiring of Displaced Employees; Continuity of Staffing. Contractor is aware of and shall comply with 1413 the requirements of and duties imposed by Sections 1072 and 1075 of the California Labor Code 1414 regarding offers of employment to any displaced employees resulting from a change in service 1415 provider, if any, resulting from this Agreement or upon the expiration of this Agreement. 1416 The number of staffing positions to be provided by Contractor to perform the services described 1417 herein to the City are identified in Exhibit G. Failure to consistently maintain these staffing levels, 1418 by position, during the Term of the Agreement shall be considered a material breach, provided that 1419 prior to such action being determined a breach, Contractor and City shall meet and confer to 1420 Docusign Envelope ID: 908A450D-1F36-4C09-B8A4-C1D639B5A05A